Rights & Responsibilities of Members

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. Is there any restriction on a member regarding the activities done by him in the Flat?

Ans: A member is restricted to do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the other members of the Society or carry on practices which may be repugnant to the general decency or morals of the members of the Society.

2. With Membership What Important Rights received to the Member of the Housing Society?

Ans: A member of the Housing Society received following Powers/Rights after getting membership.

1. He is getting right to take possession of his flat.
2. Get right to make co-member/nominal member.
3. Get a right to received bye-laws copy.
4. Get a right to inspect concerned account and other papers mentioned in Section 32(2) and to get copies of that.
5. Get a right to present in General Body Meeting.
6. Get a right to fill a form as a candidate for Managing Committee Election if he is not defaulter.

3. Which bye laws are used for additional construction work, charges to be carried out in the flat or for permission?

Ans: Under bye laws No. 47 (B) a member desiring to make additional construction or changes in the construction, he should have to make an application with all details to the Secretary of the Society. The Secretary and committee of the Society will take further action on such application as mentioned in the bye-laws no. 65.

4. To whom the member should have apply for taking permission for doing additional construction or charges in the flat?

Ans: A member desiring additional construction work or changes in the construction, he should have to make application with all necessary details to the secretary of the society. And if necessary should have to take permission of the municipality. Municipal Corporation by making an application with no objection certificate of the society.

5. Is there any restriction on a member if he wants to store any goods in the Society premises?

Ans: No member, without the previous permission of the committee, in writing, is allowed to stock or store any kind of goods or materials, which are combustible, obnoxious or any other kind of goods for the storing of which permit/sanction of the competent authority under any law relating thereto is required.

6. Who has the right to occupy the Flat in a Society?

Ans: A member, who is deemed to have been allotted the flat under Bye-law No. 76(a) of the Society, has the right to occupy the flat subject to the terms and conditions set out in the letter of allotment in the prescribed form under the said bye-law.

7. Can a member have access to the Bye-laws of the Society?

Ans: As per the provisions of Bye-law No. 22 of the Model bye-laws of the Society, a member shall be entitled to receive a copy of the registered bye-laws of the society on payment of the price thereof as per Bye-law No. 172 (which is Rs.10/- more than the cost price).

8. What is the provision made in the bye-laws if the member is interested in making additions or alterations to his flat?

Ans: Any member, who is desirous of making any addition or alteration in his flat, has to make an application to the Secretary of the Society, and give him all the required particulars about the additions or alterations intended to be made by him.

9. What is the copying fee for supply of copies of documents to members of the Society?

Ans: The member of the society, requiring copies of the following documents shall pay copying fees at the rates mentioned against them:

1. Bye-law of the society Rs.10/- more than the cost price.
2 . Amendment of the bye-laws of the society Rs.2/- per page.
3 . Last audited Balance Sheet of the society Rs.10/- per page.
4 . Application for membership of the society Rs.5/-.
5 . Second and Subsequent Nomination by the member of the society Rs.5/
6 . Share Certificate of the society Rs.50/-.
7 . List of members of the society Rs. 5/- per page.
8 . Correspondence (related to member) Rs. 5/- per page.
9 . Minutes of the General Body meetings and Committee meetings Rs.5/- per page.
10. Indemnity Bond Rs.10/-. Besides this, for certified copies of the documents a fee shall have to be paid as per Rule 27 of the M.C.S. Rules, 1961.

10. Can the Associate or Nominal member have a right to occupy the Flat?

Ans: The Associate or Nominal member may be given the right to occupy the flat after taking the consent of the member and permission from the Society, and subject to the conditions set out by the Society.

11. What are the various items of repairs and maintenance to be carried by the Society at its cost?

Ans: The following repairs and maintenance of the property of the society shall be carried out by the society at its costs: All internal roads, (ii) Compound walls, (iii) External water pipelines, (iv) Water pumps, (v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls,(x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Streetlights, (xiii) Outside walls of the building/buildings, (xiv) All leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line, (xv) Lifts, (xvi) The damaged ceiling and plaster thereon in the top floor flats on account of the leakage of the rain water through the terrace. (i) The repairs which are not covered under Bye-law No. 160(a) are to be carried out by the members at their cost.


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